(a) Appeal Rights. The owner shall have the right to appeal the imposition of the registration fees to the Mayor; upon filing a written protest with the Mayor no later than fifteen (15) calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this article specifically.
(b) One Time Waiver of Registration Fee. A waiver of the registration fee, or an extension of a waive for up to ninety (90) days from the date of the current billing statement, may be granted by the Mayor or his/her designee upon application of the fee; if the owner:
(1) Demonstrates with satisfactory proof to the Mayor that he/she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
(2) Objectively demonstrates to the Mayor a reasonable anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building;
(3) Provides satisfactory proof to the Mayor that he/she was actively attempting to sell or lease the property during the vacancy period; or
(4) Provides satisfactory proof to the Mayor, to be evaluated on a case-by-case basis, which the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and documented as necessary.
(c) Within thirty (30) days, or as soon thereafter as possible, after the waiver application is received by the Mayor, the Mayor shall grant or deny the waiver, or request for extension, in writing, and dispatch the written decision by mail to the owner. If the owner properly submitted an application for a one-time waiver or request for extension to the Mayor, and the Mayor rendered a decision which the owner seeks to appeal to the City Council, the owner must file an application in writing no later than thirty (30) calendar days from the date of the Mayor’s decision. City Council shall either grant or deny the Appeal. Thereafter the decision of City Council is final unless within thirty (30) days of such decision the owner appeals for injunctive relief to the Circuit Court of Monongalia County.
(Ord. 466. Passed 6-17-19.)